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Thursday, 08 May 14
'TRIAL BY MEDIA, TRIAL BY LAW' - A REPORT FROM TRACK 1 OF BIMCO'S ANNUAL CONFERENCE DUBAI 2014
 KNOWLEDGE TO ELEVATE
Aiming to bring a very different type of event into their annual conference, BIMCO presented ‘Double Jeopardy – ‘Trial by Media, Trial by Law*’, simulating a marine casualty and arbitration to delegates at the Jumeirah Beach Hotel, Dubai. A professional, innovative and creative production not only gave a realistic portrayal of the events following a maritime casualty but enabled the audience to participate with well posed questions by way of interactive voting meters.
Based on a true event, this realistic account of a maritime casualty was narrated by Lindsay East, Consultant, Reed Smith, London. The vessel ‘Idle Star’ having loaded with sugar in Thailand and heading to the discharge port, had grounded on a river bed on the West Coast of California in an area of natural beauty. While there were no human casualties, there was a significant bunker spill and with a fast flowing river the environmental implications to wildlife and the local community were huge.
As the story unfolded, the owner representative, played by John Tsatsas from London and the charterers representative played by Han van Blanken from Rotterdam, portrayed each stage from the initial Captain’s call. With the initial limited information, the chain of events were shown to unfold as the owner and charterer brought in assistance and sought advice from P&I, lawyers, classification society, hull and machinery insurers, local agents and representatives and demonstrated how the process evolved as more information became available, giving an overview of the practicalities involved in the process. The expert advice to the owner and charterer was provided by video clips of real practitioners in conversation with the two stage actors.
The casualty centred on whether the destination port was ‘safe’. It was known to have a low draft and underwater obstructions that shifted and were uncharted. The vessel therefore had to not only be of certain specification when laden but also the conditions of making the final part of the voyage through those water needed to be assessed with the latest information available to see if the port was suitable for discharge. The owners proceeded to complete the voyage and the vessel ran aground so who was liable? The Master for proceeding with the voyage despite concerns or the charterer for the choice of a difficult destination with the cargo in mind?
With neither the owner or charterer accepting liability and indeed blaming each other, this session focussed on two areas; media and how if not handled correctly incidents can become a media and public relations nightmare and legal arbitration, examining the legalities of the charter agreement and how this would be dealt with by the legal system.
The morning session focussed on ‘Trial by Media’ and with neither party having any crisis management or PR in place, the simulated public backlash of the environmentalists, shrimp farmers and the local community as pollution grew, quickly escalated without an appropriate, measured response. Julian Bray, Tradewinds Editor-in-chief portrayed the media, keen for a story, blame and clearly supporting the affected parties who were keen for compensation.
The clear message of the morning session was that handling media during such an incident is a serious matter and can easily spiral out of control. Media will always seek to sensationalise and exploit sensitive areas and it is very easy to say the wrong things however well intentioned. Advice was to be well prepared, seeking professional crisis management to enable you to get every step right and above all, be honest. By knowing the all facts, you can provide just enough factual information and slow the media frenzy down.
The afternoon session ‘Trial by Law’ consisted of a panel of three maritime arbitrators, presided by Jude Benny, from Singapore, Bruce Harris from London and Jack Warfield from New York.
The owner sought indemnity from the charterer and the case was to ascertain whether the port was unsafe, whether the charterer was in breach of the agreement by ordering the ship to go there and whether that caused the loss.
Chirag Karia, a QC from London, counsel for the owner, put forward a strong case after witness testimonies that the owner had expressed concerns to the charterer which has gone unresolved. There had been correspondence regarding the draft of the port and that the waters were uncharted and the charterer had been asked to arrange lightening and/or a harmless agreement to indemnify the owner from any losses should there be a problem. The charterer did not lighten and was confident there would be no issue with the voyage, however did not confirm any harmless agreement which the owner assumed from their conversations. He argued that by sending the vessel to its destination the charterers were sending the vessel to an unsafe port and the owners had been commercially pressured to continue.
Nevil Phillips a barrister from London, counsel for the charterer, argued the defence with regard to whether the port was safe at the time of nomination and that the owners had a responsibility to ensure the vessel was laden appropriately to ensure safe passage. The owners should have reduced the cargo and taken further action to avoid such an incident and the Master was negligent in not doing so, causing the vessel to ground. Ultimately it was the owner’s decision to continue with the voyage with the known risks and any negligence by the Master obliterates any question of safety.
The arbitrators retired to consider their findings, each from the perspective of their own jurisdictions, and the audience were able to vote on their own judgment, finding in favour of the owner. However on returning the arbitrators, giving three separate judgments found in favour of the charterer by two to one on the basis that the grounding was found to be in general down to the Master’s negligence. Jude Benny summing up said “There were sufficient red light warnings and with good seamanship this could have been avoided.”
There was a lively question and answer session to close the session and attendees found the day both enlightening and informative. The new style of interactive session proved popular with attendees and the final vote was to definitely repeat such an event next time.
Source: BIMCO / Hellenic Shipping
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Tuesday, 11 April 23
OIL RISES ON CHINA STIMULUS EXPECTATIONS, WEAKER DOLLAR - REUTERS
Oil prices rose on Tuesday on expectations of potential economic stimulus by China, healthy demand in the rest of Asia and a drop in U.S. crude sto ...
Sunday, 09 April 23
CHINA’S BUSINESS INCOME REBOUND POINTS TO IMPROVING ECONOMY: OFFICIAL - XINHUA
Chinese businesses have posted a strong rebound in sales revenue since the beginning of this year in the latest signal of an improving economy.
...
Sunday, 09 April 23
COAL INDIA TO BOOST SUPPLIES TO INDUSTRIES AS UTILITIES’ INVENTORIES RISE - REUTERS
Coal India Ltd will increase supplies to industries, the world’s largest coal miner said on Wednesday as fuel inventories at utilities run by ...
Thursday, 06 April 23
MARKET INSIGHT - INTERMODAL
LNG Current Supply/Demand Dynamics
This year, LNG supply will likely exceed demand, so prices will need to decline to levels that will encourag ...
Sunday, 26 March 23
EUROPE’S RUSH TO LNG COULD TURN INTO 'WORLD’S MOST EXPENSIVE AND UNNECESSARY INSURANCE POLICY'- CNBC
Europe’s rapid buildout of liquefied natural gas infrastructure is on track to far exceed demand by the end of the decade, according to new r ...
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- Indo Tambangraya Megah - Indonesia
- ASAPP Information Group - India
- Wilmar Investment Holdings
- Sinarmas Energy and Mining - Indonesia
- Siam City Cement PLC, Thailand
- Formosa Plastics Group - Taiwan
- Singapore Mercantile Exchange
- Global Coal Blending Company Limited - Australia
- GN Power Mariveles Coal Plant, Philippines
- Bangladesh Power Developement Board
- Thiess Contractors Indonesia
- Interocean Group of Companies - India
- Rashtriya Ispat Nigam Limited - India
- Dr Ramakrishna Prasad Power Pvt Ltd - India
- Toyota Tsusho Corporation, Japan
- Asmin Koalindo Tuhup - Indonesia
- Maharashtra Electricity Regulatory Commission - India
- Sree Jayajothi Cements Limited - India
- Petron Corporation, Philippines
- Parry Sugars Refinery, India
- Truba Alam Manunggal Engineering.Tbk - Indonesia
- Bank of Tokyo Mitsubishi UFJ Ltd
- Australian Coal Association
- Dalmia Cement Bharat India
- Essar Steel Hazira Ltd - India
- Banpu Public Company Limited - Thailand
- Kumho Petrochemical, South Korea
- GAC Shipping (India) Pvt Ltd
- Meenaskhi Energy Private Limited - India
- The State Trading Corporation of India Ltd
- Baramulti Group, Indonesia
- VISA Power Limited - India
- Price Waterhouse Coopers - Russia
- Cement Manufacturers Association - India
- European Bulk Services B.V. - Netherlands
- Holcim Trading Pte Ltd - Singapore
- Renaissance Capital - South Africa
- Independent Power Producers Association of India
- Goldman Sachs - Singapore
- Siam City Cement - Thailand
- Metalloyd Limited - United Kingdom
- Thai Mozambique Logistica
- Ambuja Cements Ltd - India
- The Treasury - Australian Government
- Minerals Council of Australia
- Ministry of Finance - Indonesia
- Lanco Infratech Ltd - India
- Simpson Spence & Young - Indonesia
- Barasentosa Lestari - Indonesia
- Global Business Power Corporation, Philippines
- PowerSource Philippines DevCo
- Rio Tinto Coal - Australia
- Agrawal Coal Company - India
- Binh Thuan Hamico - Vietnam
- Semirara Mining Corp, Philippines
- Sakthi Sugars Limited - India
- Bhatia International Limited - India
- Kaltim Prima Coal - Indonesia
- SMG Consultants - Indonesia
- Latin American Coal - Colombia
- Videocon Industries ltd - India
- Chettinad Cement Corporation Ltd - India
- Planning Commission, India
- Petrochimia International Co. Ltd.- Taiwan
- Parliament of New Zealand
- Kepco SPC Power Corporation, Philippines
- Edison Trading Spa - Italy
- Cigading International Bulk Terminal - Indonesia
- Merrill Lynch Commodities Europe
- SN Aboitiz Power Inc, Philippines
- Asia Pacific Energy Resources Ventures Inc, Philippines
- Offshore Bulk Terminal Pte Ltd, Singapore
- OPG Power Generation Pvt Ltd - India
- Mintek Dendrill Indonesia
- Altura Mining Limited, Indonesia
- Mjunction Services Limited - India
- Karbindo Abesyapradhi - Indoneisa
- Samtan Co., Ltd - South Korea
- Billiton Holdings Pty Ltd - Australia
- AsiaOL BioFuels Corp., Philippines
- Coal and Oil Company - UAE
- Indian Energy Exchange, India
- LBH Netherlands Bv - Netherlands
- Africa Commodities Group - South Africa
- Riau Bara Harum - Indonesia
- Gujarat Electricity Regulatory Commission - India
- Indonesian Coal Mining Association
- Salva Resources Pvt Ltd - India
- Economic Council, Georgia
- Central Electricity Authority - India
- Dong Bac Coal Mineral Investment Coporation - Vietnam
- Trasteel International SA, Italy
- Kohat Cement Company Ltd. - Pakistan
- Grasim Industreis Ltd - India
- Attock Cement Pakistan Limited
- Heidelberg Cement - Germany
- Carbofer General Trading SA - India
- PNOC Exploration Corporation - Philippines
- New Zealand Coal & Carbon
- Kobexindo Tractors - Indoneisa
- Pendopo Energi Batubara - Indonesia
- Sarangani Energy Corporation, Philippines
- Anglo American - United Kingdom
- Gujarat Mineral Development Corp Ltd - India
- SMC Global Power, Philippines
- ICICI Bank Limited - India
- Therma Luzon, Inc, Philippines
- Vedanta Resources Plc - India
- Jindal Steel & Power Ltd - India
- IEA Clean Coal Centre - UK
- Meralco Power Generation, Philippines
- IHS Mccloskey Coal Group - USA
- Directorate Of Revenue Intelligence - India
- Bulk Trading Sa - Switzerland
- Jorong Barutama Greston.PT - Indonesia
- Aboitiz Power Corporation - Philippines
- Bahari Cakrawala Sebuku - Indonesia
- Electricity Authority, New Zealand
- London Commodity Brokers - England
- Wood Mackenzie - Singapore
- Georgia Ports Authority, United States
- White Energy Company Limited
- Filglen & Citicon Mining (HK) Ltd - Hong Kong
- Kalimantan Lumbung Energi - Indonesia
- CNBM International Corporation - China
- Posco Energy - South Korea
- Xindia Steels Limited - India
- Tata Chemicals Ltd - India
- Central Java Power - Indonesia
- Antam Resourcindo - Indonesia
- Bukit Asam (Persero) Tbk - Indonesia
- Bhoruka Overseas - Indonesia
- Miang Besar Coal Terminal - Indonesia
- Indian Oil Corporation Limited
- Iligan Light & Power Inc, Philippines
- Jaiprakash Power Ventures ltd
- Eastern Energy - Thailand
- Orica Mining Services - Indonesia
- Karaikal Port Pvt Ltd - India
- Ind-Barath Power Infra Limited - India
- Oldendorff Carriers - Singapore
- Larsen & Toubro Limited - India
- McConnell Dowell - Australia
- Bukit Baiduri Energy - Indonesia
- Malabar Cements Ltd - India
- Deloitte Consulting - India
- Commonwealth Bank - Australia
- Indogreen Group - Indonesia
- Borneo Indobara - Indonesia
- Port Waratah Coal Services - Australia
- India Bulls Power Limited - India
- Savvy Resources Ltd - HongKong
- Mercuria Energy - Indonesia
- Ministry of Mines - Canada
- Intertek Mineral Services - Indonesia
- Mercator Lines Limited - India
- Australian Commodity Traders Exchange
- Sojitz Corporation - Japan
- CIMB Investment Bank - Malaysia
- Straits Asia Resources Limited - Singapore
- Coastal Gujarat Power Limited - India
- Coalindo Energy - Indonesia
- Sindya Power Generating Company Private Ltd
- Ministry of Transport, Egypt
- Bukit Makmur.PT - Indonesia
- Krishnapatnam Port Company Ltd. - India
- Romanian Commodities Exchange
- PTC India Limited - India
- Standard Chartered Bank - UAE
- GMR Energy Limited - India
- Timah Investasi Mineral - Indoneisa
- Ceylon Electricity Board - Sri Lanka
- Kideco Jaya Agung - Indonesia
- GVK Power & Infra Limited - India
- Electricity Generating Authority of Thailand
- Orica Australia Pty. Ltd.
- Chamber of Mines of South Africa
- Star Paper Mills Limited - India
- Globalindo Alam Lestari - Indonesia
- International Coal Ventures Pvt Ltd - India
- Aditya Birla Group - India
- Bayan Resources Tbk. - Indonesia
- Manunggal Multi Energi - Indonesia
- San Jose City I Power Corp, Philippines
- Directorate General of MIneral and Coal - Indonesia
- Energy Development Corp, Philippines
- TNB Fuel Sdn Bhd - Malaysia
- MS Steel International - UAE
- Indika Energy - Indonesia
- Kartika Selabumi Mining - Indonesia
- Kapuas Tunggal Persada - Indonesia
- Eastern Coal Council - USA
- Tamil Nadu electricity Board
- Leighton Contractors Pty Ltd - Australia
- Bhushan Steel Limited - India
- Neyveli Lignite Corporation Ltd, - India
- Power Finance Corporation Ltd., India
- Gujarat Sidhee Cement - India
- Madhucon Powers Ltd - India
- TeaM Sual Corporation - Philippines
- Vijayanagar Sugar Pvt Ltd - India
- Makarim & Taira - Indonesia
- Semirara Mining and Power Corporation, Philippines
- PetroVietnam Power Coal Import and Supply Company
- Global Green Power PLC Corporation, Philippines
- South Luzon Thermal Energy Corporation
- Energy Link Ltd, New Zealand
- Marubeni Corporation - India
- Uttam Galva Steels Limited - India
- The University of Queensland
- Bharathi Cement Corporation - India
- Medco Energi Mining Internasional
- Vizag Seaport Private Limited - India
- Alfred C Toepfer International GmbH - Germany
- Sical Logistics Limited - India
- Pipit Mutiara Jaya. PT, Indonesia
- Maheswari Brothers Coal Limited - India
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